I485 Fling for a person working in india

[sma15]

Hi,

I have my LC and I-140 cleared, now ready to apply for I485 Filing.
I need any experienced person help regarding flying I485 application for my spouse.

My spouse is working in india and can have at maximum a month of vacation, Planning to file I-485/EAD/AP during his/her vacation.

1: After filing for I-485/EAD/AP can a person leave USA, if he/she has a
valid H4Visa.

2: If the person can leave USA, does he/she has to enter usa on dependent visa(H4 visa) only or if the primary person is in USA, once the AP is approved, can that be send through friend/family member and he/she enter on AP.

3:What are the other options available to get GC, we were married before our I485 was filed, but since the dependent status does not have a work permit, staying and working in india, would like to continue work in india, till EAD permit is available.

4: Will there be any legal issues if the person leaves US after applying for I-485/EAD/AP, FP done and EAD/AP not yet received.

Thanks in advance for your help

sma

 

[ginnu]

Hi,

I have my LC and I-140 cleared, now ready to apply for I485 Filing.
I need any experienced person help regarding flying I485 application for my spouse.

My spouse is working in india and can have at maximum a month of vacation, Planning to file I-485/EAD/AP during his/her vacation.
-------she need to be in US when file her I-485, once I-485 reaches the USCIS she can go out
1: After filing for I-485/EAD/AP can a person leave USA, if he/she has a
valid H4Visa.
---------------YES, you dont need H4 Visa to go out of US one need H1 or H4 visa to enter US
2: If the person can leave USA, does he/she has to enter usa on dependent visa(H4 visa) only or if the primary person is in USA, once the AP is approved, can that be send through friend/family member and he/she enter on AP.
-------------------- if the Primary is on H1 status then spouse can enter on H4. if Primary used EAD then spouse will not get H4 visa stamp. if plan to use AP then AP need to be filed when one is IN US and need to be APPROVED and in hand before you go out
3:What are the other options available to get GC, we were married before our I485 was filed, but since the dependent status does not have a work permit, staying and working in india, would like to continue work in india, till EAD permit is available.

4: Will there be any legal issues if the person leaves US after applying for I-485/EAD/AP, FP done and EAD/AP not yet received.
---read above
Thanks in advance for your help

sma

--------------------